The Congress of Deputies has already received a bill to reform the National Security Law of 2015. The information known so far on the modifications proposed by the Government predicts an intense controversy over the legislative text. The political will that animates the project reflects the interventionist tendency – even totalitarian – shown by Sánchez since the beginning of the legislature and aggravated during the pandemic. The Government intends again, and with a mere ordinary law, that exceptional situations in national life justify by themselves the confiscation of rights and freedoms by the executive power at the convenience of the decisions that it takes, avoiding for it, if it were precise, all system of guarantees and counterweights typical of the democratic State and of law.
The process of constitutional degradation in Spain is underway on several fronts, not only the territorial one. The Government not only wants to create a parallel legality that acts as a den for its pacts with the separatists, but also to establish a regime of political impunity. The presidential powers envisaged in the draft reform of the National Security Law do not have constitutional support and will be a threat to the system of fundamental rights and public freedoms of citizens. The Government has learned nothing from the Constitutional Court ruling that has partially annulled the March 2020 alarm decree, not because it is not constitutional to impose restrictions or suspensions on the exercise of fundamental rights, but because such a thing must be done with respect to the Constitution. And in the case of the pandemic, with a state of exception submitted to parliamentary control before and after its declaration.
We are not facing an occasional mistake by Moncloa, but rather his method of exercising power. Pedro Sánchez is in permanent flight from the control mechanisms over political power. When he cannot dominate them, he denigrates them through the mouths of others, or assaults them at the stroke of a law approved with the parties whose raison d’être is the dismantling of constitutional Spain. There is not a single institution of the rule of law that has not been attacked by the Executive. The General Council of the Judiciary has been mutilated from its essential function of appointing Supreme Court magistrates, and the meddling of the left in this governing body of judges has placed Spain under European observation. Sánchez has weakened with the pardons the authority of the ‘procés’ sentence issued by the Second Chamber of the Supreme Court, whose prestige is well above the trilero traps that the Executive sets him and Sánchez’s strategy for Europe to revoke your ruling. We also know that the Court of Auditors puts “stones in the way” of this normalization in Catalonia that the separatists have erased with a stroke of the pen before it saw the light. And the final turn has been for the Constitutional Court, whose ruling on the state of alarm has given rise to unusual criticism from the Government and its partners.
For a long time, these editorial pages have been warning that our democracy is threatened because unconstitutional practices accumulate. The signs that the new national security law points to, with the stateization of feelings almost even, show an authoritarian drive that should be denounced because it far exceeds the limits that other democracies grant to such exceptional laws. There is no other country in Europe that plans to restrict freedom as much as Sánchez claims.
George is Digismak’s reported cum editor with 13 years of experience in Journalism